Figure



March 31, 1964 McMlLLAN 3,126,928

TOOL FOR POSITIONING A STUD FOR NAILING ON A SILL Filed Dec. 26, 196].

INVENTOR.

Albert 1.. M Millan OE aUM AT TOQNE Y United States Patent 3,126,928 TOOL FQR PGSITIQNENG A STUD FGR NAELHNG ON A SELL Albert L. McMillan, 100 Foster Ava, Battle tireeir, Mich. Filed Dec. 26, 1961, Ser. No. 161,969 12 Claims. ((11. 145-1) This invention relates to a tool for positioning and holding first and second members in a predetermined relationship to each other while they are being nailed together, and more particularly, to a carpenters tool for positioning and holding a stud member perpendicularly on a sill member while the stud member is being toenailed to the sill member to form building framing units such as Walls and the like.

In the construction of framing units for buildings, carpenters are repeatedly required to toe-nail two frame members together. Considerable problems are posed by these toe-nailing operations, particularly where the frame members are to be toe-nailed in a predetermined position and perpendicular to each other such as is commonly the case in constructing wall framing in which an end of a stud member is to be toe-nailed perpendicular and in a predetermined position relative to a sill member or header member, or both. More specifically, and referring to the operation of toe-nailing a wall stud member to a sill member by way of example, the side of the sill member is usually marked at spaced points with pencil marks or other indicia in accordance with the center-to-center spacing of a plurality of stud members to be nailed to the sill member. A given stud member is then initially positioned on the sill member in accordance with the corresponding indicia thereon, and the toe-nailing operation begun. However, the stud member usually shifts on the sill member under the blows of the hammer during the toe-nailing operation. As a result, the stud member shifts to a position other than its predetermined desired position which, in and of itself, is unsatisfactory and can have serious consequences where, for example, the stud spacing is critical with respect to receiving panels or other wall materials of a certain predetermined width.

To overcome these problems, the carpenter will customarily position the respective members in the desired position and then place his foot against one side of the stud member while toe-nailing the opposite side thereof, but this procedure is hardly satisfactory since it causes the carpenter to assume an extremely awkward position, requires a considerable amount of dexterity and usually still does not prevent the shifting of the stud member under the blows of the hammer. To eliminate the need for the carpenter to attempt to handle the stud member as aforementioned, it has been suggested to removabiy fix certain types of jigs to the sill member to position and hold the stud member during the toe-nailing operation. While these jigs will hold firmly in place during the toenailing operation, they are not too commercially acceptable either by reason of being quite large and cumbersome or because they must be manufactured from relatively heavy stock which, in the final analysis, results in a relatively expensive jig. It was a recognition of these and other problems and the lack of any thoroughly satisfactory commercial solution to same which led to the conception and development of the present invention.

Accordingly, among the objects of the present invention is the provision of a tool of the general character aforedescribed which greatly facilitates the location of two members in a predetermined relationship during nailing the same together as in the erection of building framing units such as walls and the like.

It is yet another object and feature of this invention to provide a tool of the character aforedescribed which may be easily and economically manufactured from an 3,126,928 Eatented Mar. 31, 1954 integral piece of relatively lightweight material, while being extremely durable in use.

It is yet another object and feature of this invention to provide a tool for positioning and holding a first member and a second member in a predetermined position and perpendicular relative to each other while they are being toe-nailed together, the tool being removably fixable in one predetermined position on one of the members for cooperation with the other of the members during a toenailing operation, and being movable to and fixable in another predetermined position on the one member in preparation for another toe-nailing operation.

The objects of this invention also include the provision of a tool of lightweight, inexpensive construction which may be located in a predetermined position on a sill member to hold a stud member in position thereon during a toe-nailing operation, and which may then be removed from the said position on the sill member and moved to yet another predetermined position for another toe-nailing operation.

It is yet another and more specific object and feature of this invention to provide a toe-nailing tool of the type aforementioned characterized by a substantially 'U-shaped integral bracket of relatively light weight material and comprising a main body portion, spaced wall means projecting from said main body portion and each terminating in ends engageable with a sill member to which a stud member is to be toe-nailed, and one or more nails slidably disposed through said main body portion and adapted to be driven into the sill member to locate the bracket fixedly thereon, the aforementioned Wall means providing a strong support for the main body portion of the bracket during nailing and fixing the latter to the sill member. 7 It is yet another object and feature of this invention to provide a toe-nailing'tool of the type aforementioned further characterized by one or more guide members on the bracket below the main body portion thereof receiving and guiding the nail or nails for fixedly securing the bracket to the sill member, and stop means located on each nail between its guide member and the main body portion of the bracket so as to be abuttable with the latter to prevent loss of the nails from the bracket as, for example, when the bracket is turned upside down.

It is yet another object and feature of this invention to provide a toe-nailing tool of the type aforementioned further characterized by an opening in one of the wall means of the bracket for the receipt of the head of a. conventional hammer which, upon rocking thereof on the top surface of the sill member, will pry the bracket upwardly from the sill member to pry or remove the bracket-fixing nails from the sill member for removal of the bracket to another position on the sill member.

It is yet another object and feature of this invention to provide a toe-nailing tool comprising a generally U- shaped integral bracket including a pair of spaced wall means projecting therefrom and each having lower ends engageable with a sill member to which a stud member is to be toe-nailed, and a locating wing projecting from the bracket in a predetermined position with respect to one of the wall means of the bracket with which the stud member is abuttable and cooperating with carpenters indicia on the side of the sill member to locate the bracket in a predetermined position lengthwise of the sill member with the aforementioned one wall means extending transversely perpendicularly to the sill member to locate the stud member in a predetermined position on the sill member for toe-nailing.

Still further objects, features and advantages of the invention will appear more fully hereinafter as the description of the invention proceeds.

To the accomplishment of the foregoing and related ends, the invention, then, consists of the means herein- 2.9 after fully described and particularly pointed out in the claims, the annexed drawing and the following description setting forth in detail certain means for carrying out the. invention, such disclosed means illustrating, however, but several of various ways in which the principle of the invention may be used.

In the annexed drawing:

FIGURE 1 is a perspective view of a stud member, sill member and stud-locating tool in position for a toe nailing operation, and illustrates one preferred embodiment of the invention.

FIGURE 2 is a fragmentary enlarged side elevation of the assemblage of FIGURE 1, as taken from the opposite side of same, illustrating the manner in which the tool is removed from a sill member following a toenailing operation.

FIGURE 3 is a plan view, approximately one-half actual size, of the blank from which the tool of FIGURES 1 and 2 may be formed.

FIGURE 4 is a perspective view corresponding to FIG- URE 1 but illustrating another preferred embodiment of the invention.

The following description of two preferred embodiments of the invention makes reference to the use of the latter in toe-nailing a stud member to a sill member as in fabricating a frame construction building framing unit such as a wall. However, although the invention has been particularly designed for this purpose, it will be immediately apparent to those skilled in the art that it may be gainfully employed in nailing together members other than those specifically referred to and, accordingly, the following description is merely for illustrative purposes.

Referring now to the drawings, and particularly FIG- URES 1 through 3 thereof, the numeral generally indicates a wooden sill member of rectangular cross section having a bottom surface or wall resting on a floor or foundation, an opposite or upper surface 12 and a side surface 14 on which a carpenter may, and preferably has, placed pencil marks or other indicia indicated at 16 in accordance with a predetermined desired centerto-center spacing of a plurality of wooden stud members of rectangular cross section, one of which is indicated generally at 18. The stud member 18 is mounted perpendicular to the still member 10 with the lower end thereof mounted substantially flush with the upper surface 12 of the sill member, and the stud member includes the usual surfaces 20 and 22 at right angles to each other and cooperating with the tool indicated generally at 24 so as to locate the stud member 18 in a predetermined position lengthwise and transversely of the upper surface 12 of the sill member and hold the stud member in such predetermined position during the toe-nailing operation using one or more nails 26.

The tool 24 comprises an integral generally U-shaped bracket formed from a relatively rigid but moderately lightweight or gauge sheet metal material as to be hereinafter described, and includes a main body portion 28 and spaced substantially parallel wall members 30 and 32 projecting substantially perpendicular to and from opposite side edges of the main body portion 28. Preferably, the main body portion 28 and wall members 30 and 32 are of equal widths to each other and approximately of the same width as the surface 12 of the sill members. The wall members 30 and 32 terminate in end surfaces 34 and 36, respectively, contained in a plane substantially parallel to the plane of the main body portion 28 of the bracket. A pair of spaced guide members 38 project inwardly of the bracket from the wall member 3% toward the wall member 32, and underlie and are contained in a plane substantially parallel to the plane of the main body portion 28 of the bracket but spaced a considerable distance below same. A pair of spaced apertures 40, FIGURE 3, are formed in the main body portion 28 of the bracket preferably somewhat closer to the wall member 30 than to the wall member 32, and are respectively aligned vertically with similar apertures 42 in each of the guide members 38. A headednail 44 of sufficiently heavy gauge to withstand repeated cycles of hammering into and removal from the sill member 14) to fix the tool 24 thereon, as to be described hereinafter, is slidably mounted through each set of apertures 4i) and 42, and a stop member 46, herein shown to be a sleeve, is fixedly secured to each nail between the main body portion 28 of the bracket and its guide member 33. The stop members 46 are abuttable with the main body portion 28 of the bracket to prevent the nails from falling from or otherwise being removed from the bracket as, for example, when the bracket is turned upside down in handling or placed in such a position in a tool chest.

A locating wing 48, FIGURE 1, projects away from the wall member 3% substantially perpendicular thereto, and depends or projects below the plane of the end surfaces 34 and 36 of the respective wall members 30 and 32. The leading edge 50 of the locating wing 48 is preferably spaced from the wall member 30 a distance equal to one-half the width of the surface 22 of the stud member 18 to be toe-nailed.

The wall member 32 is provided with an aperture 52 substantially centrally thereof, and sufficiently large as to permit entry of the head 54 of a conventional claw hammer indicated at 56.

In operation, a carpenter may mark the side surface 14 of the sill member as indicated at 16 in accordance with the center-to-center positioning for a plurality of stud members 18 to be toe-nailed on the sill member. The tool 24 is then mounted in place on the upper surface 12 of the sill member by engaging the latter with the end surfaces 34 and 36 of the wall members 30 and 32 respectively, with the locating wing 48 engaging the side surface 14 of the sill member and the leading edge 50 of the locating wing aligned with a given mark or indicia 16. At this time, the tool and particularly the wall member 30 thereof is disposed transversely perpendicular to the major axis of the upper surface 12 of the sill member and a distance from the indicia 16 equal to one-half the thickness of the stud member to be toe-nailed to the sill. Thereafter, the nails 44 are hammered or otherwise driven home into the sill member 10 to lock the tool firmly thereto. The surfaces 20 and 22 of the stud member 18 are then fitted against the wall member 30 and locating wing 48, respectively, of the tool, and one side of the stud member is then toe-nailed to the sill member using one or more of the nails 26. As will be readily apparent, the locating wing 48 including leading edge 50 cooperating with the indicia 16 locates the stud member in a predetermined position lengthwise and transversely of the sill member 19, while the tool prevents any shifting of the stud member from such position during the toe-nailing operation.

Upon completion of the toe-nailing operation on one side of the stud member, the head 54 of the hammer 56 is inserted through the aperture 52 in the wall member 32 of the tool, and then the hammer is rocked counterclockwise on the surface 12 of the sill member as illustrated in FIGURE 2 to lift the too-l 24 upwardly away from the surface 12 of the sill to disengage the nails 44 therefrom. The other side of the stud member may then be toenailed if desired, and the tool is ready to be fixed in a new position along the sill to toe-nail another stud member.

The tool 24 may be readily and economically fabricated and formed from a single integral blank of a moderately rigid but readily formable light weight or gauge sheet metal as illustrated in FIGURE 3. Thus, the nail-receiving apertures 40 in the main body portion 28, apertures 42 in the guide members 38 and aperture 52 in the wall member 32 may be formed by cutting, punching or otherwise suitably working the blank. The wall member 30 may be cut or otherwise worked upon inwardly from the end surface 34 thereof as indicated at 58 to separate the guide members therefrom, the guide members then be ing bendable along the forming lines indicated at 60' so as to project substantially perpendicular to the wall member 30. In similar fashion, the numerals 62 and 64 respectively indicate forming lines for bending the wall members 30 and 32 relative to the main body portion 28 of the tool so as to conform to the shape previously described. Likewise, the numeral 66 indicates the forming line for the locating wing 48 whereby it is bent into the position aforedescribed with respect to the wall member 30.

FIGURE 4 illustrates a tool 24' which is generally similar to that described above and accordingly, like numerals primed are utilized to indicate parts corresponding to those previously described. The tool 24' differs from tool 24 essentially in that the Wall member 32', rather than projecting from the main body portion 28' perpendicular thereto and parallel to the Wall member 30', diverges from the wall member 30 as it projects from the main body portion 28'. As a result, the aperture 52' is more readily visible from a position substantially vertically thereabove to facilitate insertion of the head of the hammer. Otherwise, the tool 24' is substantially identical to that previously described and is used in substantially the same manner as the tool previously described and functions in substantially the same manner. The tool 24' may be fabricated and formed essentially as described above in connection with tool 24 and FIGURE 3, it being realized that in forming the tool 24' the wall member 32' is longer than wall member 30' and is folded or bent along the forming line 64 so as to diverge from the wall member 3%.

While but two forms of the invention have been shown and described, other forms will now be apparent to those skilled in the art. Therefore, the embodiments shown in the drawing are merely for illustrative purposes, and are not intended to limit the spirit and scope of the invention as above described and illustrated in the drawing.

Other modes of applying the principle of my invention may be employed instead of those explained, change being made as regards the tool herein disclosed, provided the means stated by any of the following claims or the equivalent of such stated means be employed.

I therefore particularly point out and distinctly claim as my invention:

1. A tool for positioning and holding a pair of members in a predetermined relationship to each other while they are being nailed together, said tool comprising a main body portion, a pair of spaced support means projecting from the same side of said main body portion, and at least one nail slidably mounted through said main body portion between said support means, said support means being engageable with one of said members to support said main body portion of said tool in spaced relation thereto during driving of said nail into said one member to releasably lock said tool thereto, said other member being engageable with said tool and held thereby in position on said one member.

2. A tool for positioning and holding a pair of mem bers in a predetermined relationship to each other while they are being nailed together, said tool comprising a main body portion a pair of spaced support means projecting from the same side of said main body portion, at least one nail slidably mounted through said main body portion between said support means, stop means on said nail and engageable with said main body portion to prevent removal of said nail from said tool, said support means being engageable with one of said members to support said main body portion of said tool in spaced relation thereto during driving of said nail into said one member to releasably lock said tool thereto, said other member being engageable with said tool and held thereby in position on said one member.

3. A tool for positioning and holding a pair of members in a predetermined relationship to each other while they are being nailed together, said tool comprising a main body portion, a pair of spaced support means projecting from the same side of said main body portion and respectively terminating in ends spaced from said main body portion, and at least one nail slidably mounted through said main body portion between said support means and including a portion drivable below the plane of said ends of said support means, said ends of said support means being engageable with one of said members to support said main body portion of said tool in spaced relation thereto during driving of said portion of said nail into said one member to releasably lock said tool thereto, said other member being engageable with said tool and held thereby in position on said one member.

4. A tool for positioning and holding a pair of members in a predetermined relationship to each other while they are being toe-nailed together, said tool comprising a main body portion, a pair of spaced wall means projecting from the same side of said main body portion and respectively terminating in spaced ends contained in a plane substantially parallel to the plane of said main body portion and spaced therefrom, a pair of spaced guide members projecting from one of said Wall means toward the other of said wall means in a plane substantially parallel to and spaced from the plane of said main body portion, and a pair of nails respectively slidably mounted through said main body portion and said guide members and each including a portion drivable below the plane of said ends of said wall means, said ends of said wall means being engageable with one of said members to support said main body portion of said tool in spaced relation thereto during driving of said portions of said nails into said one member to releasably lock said tool thereto, and said other member being engageable with one of said wall means and held thereby in position on said one member.

5. A tool for positioning and holding a pair of members in a predetermined perpendicular relationship to each other while they are being toe-nailed together, said tool comprising a main body portion, first and second spaced wall means projecting from the same side of said main body portion and respectively terminating in spaced ends contained in a plane substantially parallel to the plane of said main body portion and spaced therefrom, a pair of nails respectively slidably mounted through said main body portion and each including a portion drivable below the plane of said ends of said wall means, said ends of said wall means being engageable with one of said members to support said main body portion of said bracket in spaced relation thereto during driving of said portions of said nails into said one member to releasably lock said tool thereto, said other member being engageable with said first wall means and held thereby in position on said one member, and means on said second wall means engageable with a device to draw said nails and tool from said one member.

6. A tool for positioning and holding a pair of members in a predetermined perpendicular relationship to each other while they are being toe-nailed together, said tool comprising a generally U-shaped integral bracket including a main body portion having first and second spaced wall means projecting from the same side thereof, said wall means respectively terminating in spaced ends contained in a plane substantially perpendicular to the plane of said first Wall means of said main body portion, a pair of spaced guide members projecting from said first wall means toward said second Wall means in a plane substanttially perpendicular to said first wall means, a pair of nails respectively slidably mounted through said main body portion and said guide members and each including a portion drivable below the plane of said ends of said wall means, and stop means on each of said nails between its guide member and said main body portion and engageable with the latter to prevent removal of said nails from said bracket, said ends of said Wall means being engageable with one of said members to support said main body portion of said bracket in spaced relation thereto during driving of said portions of said nails into said one member to releasably lock said bracket thereto, said first wall means being engageable With the other of said members to hold the latter in position on said one member during toe-nailing thereof.

7. A tool for positioning and holding a stud or the like in a predetermined perpendicular relationship to a sill or the like while they are being toe-nailed together, said tool comprising a generally U-shaped integral bracket including a main body portion having first and second spaced wall means projecting from the same side thereof, said first wall means extending substantially perpendicular to the plane of said main body portion, said wall means respectively terminating in'spaced ends contained in a plane substantially perpendicular to said first wall means, a pair of spaced guide members projecting from said first wall means toward said second wall means in a plane substantially perpendicular to said first wall means and spaced from the plane of said main body portion, a pair of nails respectively slidably mounted through said main body portion and said guide members and each including a portion drivable below the plane of said ends of said wall means, and stop means on each of said nails be tween its guide member and said main body portion and engageable with the latter to prevent removal of said nails from said bracket, said ends of said wall means being engageable with said sill to support said main body portion of said bracket in spaced relation thereto during driving of said portions of said nails into said sill to releasably lock said bracket thereto, said first wall means being engageable with said stud to hold the latter in an upright position on said sill during toe-nailing thereof to said sill, said second wall means having an opening for receipt of the head of a hammer for prying upwardly on said bracket to draw said nails from said sill.

8. The invention defined in claim 7 which further comprises a locating wing projecting away from said first Wall means in a plane substantially perpendicular thereto and extending below the plane of said ends of said wall means, the width of said wing being substantially equal to one-half the width of a stud to be toe-nailed and being engageable with the side of a sill and cooperable with indicia thereon to locate said first wall means in a predetermined position lengthwise of said sill and transverse ly perpendicular thereto for engagement with a stud to be toe-nailed.

9. The invention defined in claim 7 in which said nails are located closer to said first wall means than to said second wall means.

10. The invention defined in claim 7 in which said stop means comprise a sleeve mounted on and tighthly fitting each of said nails.

11. The invention as defined in claim 7 in which said first and second wall means are substantially parallel to each other.

12. The invention as defined in claim 7 in which said second wall means diverges from said first wall means so that the ends of said first and second wall means are spaced apart a greater distance than the width of said main body portion of said bracket for greater stability and ease of seeing said opening for receipt of said hammer head.

References Cited in the file of this patent UNITED STATES PATENTS 2,575,595 Rienecker Nov. 20, 1951 2,718,247 Kalina Sept. 20, 1955 2,911,022 Brown Nov. 3, 1959 2,957,507 Vargo Oct. 25, 1960 2,969,819 Bravo Jan. 31, 1961 

1. A TOOL FOR POSITIONING AND HOLDING A PAIR OF MEMBERS IN A PREDETERMINED RELATIONSHIP TO EACH OTHER WHILE THEY ARE BEING NAILED TOGETHER, SAID TOOL COMPRISING A MAIN BODY PORTION, A PAIR OF SPACED SUPPORT MEANS PROJECTING FROM THE SAME SIDE OF SAID MAIN BODY PORTION, AND AT LEAST ONE NAIL SLIDABLY MOUNTED THROUGH SAID MAIN BODY PORTION BETWEEN SAID SUPPORT MEANS, SAID SUPPORT MEANS BEING ENGAGEABLE WITH ONE OF SAID MEMBERS TO SUPPORT SAID MAIN BODY PORTION OF SAID TOOL IN SPACED RELATION THERETO DURING DRIVING OF SAID NAIL INTO SAID ONE MEMBER TO RELEASABLY LOCK SAID TOOL THERETO, SAID OTHER MEMBER BEING ENGAGEABLE WITH SAID TOOL AND HELD THEREBY IN POSITION ON SAID ONE MEMBER. 